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Philadelphia, Philadelphia County, Pennsylvania
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In Savannah Circuit Court, judges James Iredell and Nathaniel Pendleton ruled on May 2 in favor of plaintiffs Samuel Brailsford (British subject) and South Carolina citizens against defendant James Spalding, holding that the U.S. treaty of peace and Constitution overrode state sequestration of debts, allowing recovery.
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Yesterday the honorable James Iredell and Nathaniel Pendleton, Esqs. gave judgment, in the Circuit Court, in the interesting case wherein Samuel Brailsford and others were plaintiffs, and James Spalding defendant. One of the plaintiffs (Mr. Brailsford) was a real British subject, being a native of Great Britain, and having resided there from 1767 to 1784, and the other plaintiffs were citizens of South Carolina, whose property (with an express exception of their debt) was confiscated in that state. The Judges gave their opinions, with their reasons at large, and the substance of their opinions was, that, as Mr. Brailsford's debts were only sequestered by a law of the state, upon which no further proceedings had taken place, the treaty of peace, as confirmed by the constitution of the United States, must have the effect of an express repeal of that part of the act of assembly which had created an impediment to his recovery: and that there was no bar in respect to the recovery of the other plaintiffs, in as much as, under the act of assembly of this state affecting them, their debts were not confiscated, because their debts had not been confiscated in the state of South-Carolina, the act of assembly of this state making citizens of other states; liable to the same measure (and no other) in this state as in their own. They therefore gave judgment for the plaintiffs.
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Domestic News Details
Primary Location
Savannah
Event Date
Yesterday (Reported May 3)
Key Persons
Outcome
judgment for the plaintiffs
Event Details
The honorable James Iredell and Nathaniel Pendleton, Esqs. gave judgment in the Circuit Court in the case of Samuel Brailsford and others (plaintiffs) versus James Spalding (defendant). Mr. Brailsford was a British subject; other plaintiffs were citizens of South Carolina whose property was confiscated except for their debt. The judges opined that the treaty of peace, confirmed by the U.S. Constitution, repealed the state law sequestering Brailsford's debts, and no bar existed for the other plaintiffs' recovery under state acts.